Patent Filing Procedure in India

Patent filing Procedure in India

Patent filing Procedure in India is online via the internet using e-filing option provided by Indian Patent Office. The patent filing procedure in India is simple & cost of patent filing is low for the Startup business category.

Who can file patent in India?

Patent filing Procedure in India for Startups and Foreign PCT Patents

In India, both registered patent agents and patent attorneys can file patent in India before the Indian patent office. The Indian patent attorneys are techno-legal advisors who specialise in advising their foreign clients on how to protect their inventions in India. Our Intellectual Property Law firm can file International patent applications (PCT patents filed internationally) on behalf of both Indian inventors and foreign patent applicants. Even though the Indian Startup can file patent in India on their own, the foreign patent applicant can file Patent in India through the registered patent lawyer or has to hire the services of Indian patent agent.

Most important step for patent filing procedure in India is to get Class three digital signature for signing the different patent forms online.

For online patent filing in India, the patent applicant can register his details on Indian patent office website. The website link for patent filing in India:

The documents to be submitted to file a patent application in India includes Form 1, Form 2, Form 3 and Form 5. All the patent documents has to be uploaded in the Indian patent portal. If online e-filing of patent is not possible, hard paper copies of the patent forms along with invention details can be submitted to the patent registry. However, the cost of patent filing in India is increased by 10% additional fees of the online e-filing patent fees in India.

Writing the patent specification defining the boundary of the invention is the most important key element to be taken care off before submitting the patent application for patent grant. Drafting a patent specification keeping in mind the patent laws (as what is patentable under the law) and understanding the technology is a skilful task. That is why it is always recommended to hire the services of an experienced patent attorneys to write a patent for an invention.

Recently, our Intellectual Property Law firm has assisted many Indian Startups & Foreign IP Law Firms with patent specification drafting. Most of the patent specification drafting is outsourced to Indian Patent law firms from US, Canada, Australia and Europe. The patent filing procedure includes filing of patent application, and then file request for examining the patent by the patent examiner. The patent controller assigns the patent application to a patent examiner to study the invention to determine the invention matter is patentable or not.

Once the patent has been examined, the patent examiner will issue examination report. In current scenario in India, the response to file patent examination report is six months from the date of issuance of patent examination report.

Response to file patent examination report is six months from the date of issuance of patent examination report in India

The patent attorney of the inventor has to analyze the FER to respond the examination report along with exhibits to prove that the invention should be registered as patent. After meeting the objection raised by the examiner, the invention application is placed in order for grant.

In India, there are four Indian patent offices. The Indian patent offices are situated at New Delhi, Kolkata, Mumbai and Chennai. When the foreign patent company files patent in India, the appropriate office of patent filing is the address of correspondence of the Indian patent attorney. However, when the patent is filed by the Indian entity the patent will be filed in individual or company’s registered office location.

Addresses of the different Indian patent offices in India are as follows:

The patent application has to be written properly with a set of patent claims in case a complete /non-provisional patent application is being filed. The patent filing procedure is different in case the patent inventor wish to file a provisional patent application when the prototype of the technology is not complete. The patent filing procedure can be completed by filing complete patent /non-provisional patent within 12 months from the date of filing of provisional patent application.

Once the patent is filed, the patent application is published after 18 months from the date of first filing. However, to expedite the patent grant procedure request for early publication in Form-9 can be submitted. The patent is published in the patent database after expiry of one month from the date of patent publication request. Patent filing procedure is not complete without filing a request for examination in form-18.

Law office of Rahul Dev is a niche technology and research based law firm focusing on next generation business and legal issues faced in India and outside India during international business and cross-border technology transactions. We assist our clients in close collaboration with our associates and counsels within India and outside by providing custom engagement models to address our client’s needs.

Law office of Rahul Dev is a niche technology and research based law firmfocusing on next generation business and legal issues faced in India and outside India during international business and cross-border technology transactions.

We assist our clients in close collaboration with our associates and counsels within India and outside by providing custom engagement models to address our client’s needs.

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